Wednesday, February 04, 2009

CA Prop 8: "Faith in America" group offers amicus brief


Faith in America” ("End Relgion-based Bigotry", website) announced this morning that it had submitted an amicus brief in the California Proposition 8 case.

The website has a front page presentation about Rick Warren, who gave the Invocation at Barack Obama’s inauguration. There is a panel and video that reads “Dear Pastor Warren: Can You Understand the Harm”.

The group offers an Mitchell Gold’s book “Crisis in America: 40 STORIES REVEALING THE PERSONAL, SOCIAL, AND RELIGIOUS PAIN AND TRAUMA OF GROWING UP GAY IN AMERICA,” much of it excerpted online, link here.

The tone of this somewhat reminds me, at least, of the Lifetime movie “Prayers for Bobby”, which I reviewed on my movies blog Jan. 23.

I couldn’t find a link to the PDF file in the amicus brief (which was offered as an attachment in the broadcast email), but here are several excerpts from the brief, as offered in the email:


“• Faith in America, Inc. ("FIA") agrees with Petitioners: whether this Court decides (1) that Proposition 8' s denial of an inalienable right to a historically disfavored minority constitutes a far-reaching, qualitative revision to the California Constitution under the guise of an initiative-
amendment; or (2) that the California Constitution cannot logically be read to allow the abrogation of such an essential liberty via an initiative- amendment, the Court's conclusion should be the same: "The discriminatory elimination of a fundamental right from a group defined by a suspect classification is not a change to the California Constitution that can be accomplished by a simple majority vote of the people."

“• "FIA writes separately to provide the Court with perspective on an issue that is both at the core of FIA's struggles for lesbian, gay, bisexual and transgender ("LGBT") equality and at the heart of the official proponents of Proposition 8's ("Official Proponents" or "Interveners") case: the use of religious rhetoric and inflated claims of "consensus" to justify constitutionally-impermissible discrimination."

“• Interveners have conspicuously dropped the overtly religious rhetoric and justifications used to support Proposition 22 from their briefs in opposition to the Petition. But their careful wordsmithing cannot erase the fact that Proposition 8 is a religiously motivated initiative, and its goal to confine the definition of civil marriage to that ofmajoritarian religions.

“• Proposition 8's religious foundation runs counter to the most basic guarantee of the California Constitution: "All people" - regardless of their religious, ethnic, or racial background - "are by nature free and independent and have inalienable rights." CaI. Const. art. I, § 1. What is more, advancing this inherently religious view of marriage (and of only some religions at that), necessarily - and impermissibly - restricts the religious freedom of individuals whose religions believe in and support same-sex marriage.

“• The late Reverend Martin Luther King, Jr. often exhorted his audiences to remember that "the arc of the moral universe is long, but it bends towards justice." FIA respectfully submits that a decision finding Proposition 8 unconstitutional will shorten that course, and bend that arc towards justice, for LGBT people, not only in this State, but in this country.”

Update:

I have the links (PDF files) from Brent. They may be slow to load.
(For some reason, sometimes Firefox has trouble with PDF links, at least for me.)

California Courts link is this.

California supplementary appendix
listing all briefs.

Brent supplied them in a comment (q.v.)

1 comment:

brentchilders said...

Links to brief are:

http://www.courtinfo.ca.gov/courts/supreme/highprofile/documents/s1680xx-amcur-faithamerica.pdf

http://www.courtinfo.ca.gov/courts/supreme/highprofile/prop8.htm#amicus